Legal Question in Banking Law in India

138 N I Act 1988

PDChaque Banked By Invester Bank

& Dishonured by Themself & lodged case under N I Act 1988 Sec 138 without giving any notice to drower of chaque in priscribed period of one month please give legal advice.


Asked on 3/26/08, 11:02 am

5 Answers from Attorneys
Vivek Mapara Vivek N. Mapara

Re: 138 N I Act 1988

No complaint under section 138 is not maintainable, wihout giving notice.

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Answered on 3/28/08, 9:29 am
Homi Maratha N.N. Maratha & Co.-Advocates

Re: 138 N I Act 1988

This case is not maintainable and it is surely liable for a dismissal.

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Answered on 3/28/08, 10:24 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: 138 N I Act 1988

If the cheque is post dated how can it be cleared before date. Moreover the requirement of notice u/s 138 NI are not followed so no case can be made u/s 138 NI act

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Answered on 3/27/08, 8:18 am

Re: 138 N I Act 1988

case is not maintainable and is liable to be dismissed.

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Answered on 3/27/08, 1:30 pm
J. Radhakrishnan independent Practice

Re: 138 N I Act 1988

Even if the drawee Bank is the payee/holder of the cheque which is dishonoured by it, it cannot maintain an action under Sec.138 N.I.Act without following the steps under the Section, beginning with issue of notice to the drawer within one month of dishonour. If what u say is correct, the drawer can seek dismissal of the complaint even at the outset.

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Answered on 3/26/08, 8:56 pm


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